The reason for this is that his ordination as a Patriarch, can be seen as an addition to his diocese, and not a transfer, assuming that no bishop is ordained in his place, as was the case with our late patriarch.
1. Does this Bishop get the gift of the Holy Spirit to be the bishop of the annexed Patriarchate? In what way, if there is no laying of hands?
2. Adding to your existing diocese is what Bishop Meletius did in the Papacy of Peter, Seal of martyrs, adding Alexandria to his bishophery, and this action was the very reason which inspired this particular Nicene canon in the first place.
3. It is a slick way around the canon, and a clever one, but it was never applied in the Church at all. When Pope Timothy forced St. Gregory the Theologian out of Constantinople in 381, when he annexed it to his episcopate, the supporters of the great saint did not use this excuse nor was the saint interested in contesting the council decision. He was corrected, and therefore remained a great saint.
4. Each and every time they want to violate the canons and put one of them on the throne, they come up with all kind of excuses and explanations, and get us debating "annexing versus transfer", "general bishop versus episcopate bishop", and "political necessity and abilities of the bishop that a monk does not have" and so on until ....oooops, we did it again. We have a bishop on the throne of St.Mark, and we have to wait decades until we correct this situation.
5.Can you name one example in which an ambitious bishop who decides to violate the canons has actually left his diocese for a smaller one, or annexed a poor diocese to his richer one, in order to serve it? Never, for it is a career move and a promotion.
We are simply going through the candidates, requesting God's will to be enforced. Therefore, the only person you are ordering is our Lord, and I find it inconceivable of you to do so, for it is his church and his flock.
There is something called synergy between God and man in Orthodox Christianity, and its model is the incarnation. The Spirit works in those who observe the commandments. Those who openly violate the canons cannot invoke the Spirit in the process when they have just violated the inspired Church canons.
PS: I do not know who you are addressing when you say "Do not pick Bishop Youaness," for we are not "picking" anyone.
We are, even by the admission of Pope Shenouda of blessed memory.
We pick and choose because we have rules to regulate the process. We have committees to screen the candidates and supposedly exclude heretics and suspicious nominees, and in most cases rivals, and we have elections. This is the part of men. God's inspires and leads throughout the whole process, and not just at the ridiculous casting lot stage, provided there are men of God involved in the process.
Men of God do not violate the canons of God. Men of God do no knowingly and consciously disregard the divinely inspired Church teachings. When God is out of men, men are left to their own logic which is always brilliant to them , and foolish to God.
In any case, they already decided that bishops of all kinds can be selected. Any discussion should be postponed 40 years when it won't matter to most of us anyways.